Garda convicted of Reclaim the Streets assault

A garda has been convicted of assaulting a 28-year-old school teacher in the May Day "Reclaim the Streets" demonstration in Dublin…

A garda has been convicted of assaulting a 28-year-old school teacher in the May Day "Reclaim the Streets" demonstration in Dublin in 2002.

A jury at Dublin Circuit Criminal Court found Garda Paul Daly guilty of assaulting Mr Emmet Bunting of Collins Avenue, Dublin, by a majority of 11-1. It acquitted Garda Daly and his colleague, Garda Fergus Hogan, of assault causing harm to Mr Bunting.

Both are based at Pearse Street Garda Station and pleaded not guilty to the charges.

Judge Yvonne Murphy remanded Garda Daly on continuing bail for sentence on January 13th and discharged Garda Hogan.

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In her charge to the jury Judge Murphy said if it was not proven that harm was caused to Mr Bunting, but that it was believed the accused had intentionally assaulted him, a finding of a lesser of assault could be made.

Mr Tom O'Connell SC, prosecuting, said in opening the case to the jury, that it was the State's case that Mr Bunting was punched in the face by Garda Hogan causing him to fall to the ground and that subsequently Garda Daly beat him on the head with his baton.

Mr Gerard Clarke SC defending, told the jury that there were two issues to be considered: what happened to Mr Bunting and who, if anyone, did this to him.